Yes. His original intention was to grant the ROW so his intention and actions since then are not in the spirit of the ROW. That's how our QC interpreted it in our case anyway.

We wouldn't have been able to prevent the owner of the ROW using the piece of land in front of it. Happily the planners prevented him from demolishing the boundary wall as it's an ancient wall in a conservation area so he continues to use the perfectly good access he already has.

annie08 wrote:Yes. His original intention was to grant the ROW so his intention and actions since then are not in the spirit of the ROW. That's how our QC interpreted it in our case anyway.

We wouldn't have been able to prevent the owner of the ROW using the piece of land in front of it. Happily the planners prevented him from demolishing the boundary wall as it's an ancient wall in a conservation area so he continues to use the perfectly good access he already has.

Good luck.

I'm not going to argue with your QC, but there is case law which has established the opposite - land near to but not included in a ROW is not burdened.

Hi Mac. Opinions do vary and who knows what a judge may decide but it may be worth the OP raising it with his legal advisors at least. I think common sense and what is reasonable plays a part in a judicial decision if the law allows.

suppose both the alleged NFH and your good self sell up and move on...

...some time after his successor- a very nice chap - wants to put the verge land to some other use.

are you suggesting he could not because your successor would have a right to drive over it?

I think you are, and I think you're mistaken.

kind regards, Mac

Hi Mac,

I see you pov and a nice chap would probably note how ridiculous and unreasonable the positioning of the posts are and remove them...however, as my solicitor keeps telling me, we cannot work on assumptions/'what ifs' and only work with what is factual/happening as of now. The facts are what has been previously mentioned.

I would hope any court hearing would look at what is reasonable and look to apply some common sense to the situation.